Judgment_paragraph 58 · Kingdom of Belgium v Deutsche Post AG and DHL International (C-148/09 P)

58The General Court thus rightly found, in paragraph 54 of the judgment under appeal, that it is not for the European Union judicature to interpret an action brought by an applicant to challenge exclusively the substance of a decision appraising the aid as such as one seeking, in fact, to safeguard the applicant’s procedural rights pursuant to Article 88(2) EC and Article 6(1) of Regulation No 659/1999, if the applicant has not expressly raised a plea to that effect. In such a case, the interpretation of the plea would lead to a reclassification of the subject-matter of the action (see, to that effect, Case C-176/06 P Stadtwerke Schwäbisch Hall and Others v Commission [2007] ECR I-170, paragraph 25, and Commission v Kronoply and Kronotex, paragraph 55).

Kingdom of Belgium v Deutsche Post AG and DHL International (C-148/09 P)

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